As made applicable by section four of this article and except
as exempted by sections four and eight of this article, it is
unlawful:

(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, ancestry, sex, familial status,
blindness, disability or national origin;

(b) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection therewith,
because of race, color, religion, ancestry, sex, familial status,
blindness, disability or national origin;

(c) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement, with respect to
the sale or rental of a dwelling that indicates any preference,
limitation or discrimination based on race, color, religion, sex,
blindness, disability, familial status, ancestry or national
origin, or an intention to make any such preference, limitation or
discrimination;

(d) To represent to any person because of race, color,
religion, sex, blindness, disability, familial status, ancestry or
national origin that any dwelling is not available for inspection, sale or rental when the dwelling is in fact available;

(e) For profit, to induce or attempt to induce any person to
sell or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of
a particular race, color, religion, sex, blindness, disability,
familial status, ancestry or national origin; or

(f) (1) To discriminate in the sale or rental, or to otherwise
make unavailable or deny, a dwelling to any buyer or renter because
of a disability of: (A) That buyer or renter; (B) a person residing
in or intending to reside in that dwelling after it is so sold,
rented or made available; or (C) any person associated with that
buyer or renter.

(2) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection with the
dwelling, because of a disability of: (A) That person; (B) a person
residing in or intending to reside in that dwelling after it is so
sold, rented or made available; or (C) any person associated with
that person.

(3) For purposes of this subdivision, discrimination includes:

(A) A refusal to permit, at the expense of the disabled
person, reasonable modifications of existing premises occupied or
to be occupied by the person if the modifications may be necessary
to afford the person full enjoyment of the premises, except that,
in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter
agreeing to restore the interior of the premises to the condition
that existed before the modification, reasonable wear and tear
excepted;

(B) A refusal to make reasonable accommodations in rules,
policies, practices or services when the accommodations may be
necessary to afford the person equal opportunity to use and enjoy
a dwelling; or

(C) In connection with the design and construction of covered
multifamily dwellings for first occupancy after the date that is
thirty months after the date of enactment of the West Virginia Fair
Housing Act, a failure to design and construct those dwellings in
a manner that:

(i) The public use and common use portions of the dwellings
are readily accessible to and usable by disabled persons;

(ii) All the doors designed to allow passage into and within
all premises within the dwellings are sufficiently wide to allow
passage by disabled persons in wheelchairs; and

(iii) All premises within the dwellings contain the following
features of adaptive design: (I) An accessible route into and
through the dwelling; (II) light switches, electrical outlets,
thermostats and other environmental controls in accessible
locations; (III) reinforcements in bathroom walls to allow later
installation of grab bars; and (IV) usable kitchens and bathrooms
that an individual in a wheelchair can maneuver about the space.

(4) Compliance with the appropriate requirements of the
American National Standard for Buildings and Facilities Providing
Accessibility and Usability for Physically Handicapped People,
commonly cited as ANSI A117.1, suffices to satisfy the requirements
of subparagraph (3)(C)(iii) of this subdivision.

(5) (A) If a unit of general local government has incorporated
into its laws the requirements set forth in subparagraph (3)(C) of
this subdivision, compliance with those laws satisfy the
requirements of that subparagraph.

(B) The commission or unit of general local government may
review and approve newly constructed covered multifamily dwellings
for the purpose of making determinations as to whether the design
and construction requirements of subparagraph (3)(C) of this
subdivision are met.

(C) The commission shall encourage, but may not require, units
of local government to include in their existing procedures for the
review and approval of newly constructed covered multifamily
dwellings, determinations as to whether the design and construction
of such dwellings are consistent with subparagraph (3)(C) of this
subdivision, and may provide technical assistance to units of local
government and other persons to implement the requirements of that
subparagraph.

(D) Nothing in this article requires the commission to review
or approve the plans, designs or construction of all covered
multifamily dwellings to determine whether the design and construction of the dwellings are consistent with the requirements
of subparagraph (3)(C) of this subdivision.

(6) (A) Nothing in paragraph (5) of this subdivision affects
the authority and responsibility of the commission or a local
public agency to receive and process complaints or otherwise engage
in enforcement activities under this article.

(B) Determinations by a unit of general local government under
subparagraphs (5)(A) and (B) of this subdivision are not conclusive
in enforcement proceedings under this article.

(7) As used in this section, the term "covered multifamily
dwellings" means: (A) Buildings consisting of four or more units if
the buildings have one or more elevators; and (B) ground floor
units in other buildings consisting of four or more units.

(8) Nothing in this article invalidates or limits any law of
this state or any political subdivision of this state that requires
dwellings to be designed and constructed in a manner that affords
disabled persons greater access than is required by this article.

(9) This section does not require that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property
of others. The burden of proving such threat to health or safety
or the likelihood of such damage is upon the respondent.

(10) For the purposes of this subdivision, rules, policies,
practices or services regarding animals are subject to the reasonable accommodation requirements of subparagaph (B), paragraph
(3) of this subdivision and the following provisions:

(A) In connection with a request for reasonable accommodation
to the rules, policies or services, a person with a disability may
be required to submit documentation, from a professional treatment
provider, of the disability related need for the assistance animal.

(i) Such documentation is sufficient if it establishes that
the assistance animal will provide some type of disability-related
assistance or emotional support.

(ii) A person with a disability may not be required to submit
or provide access to medical records or medical providers, or to
provide detailed or extensive information or documentation of a
person's physical or mental impairments.

(B) A person with a disability may be denied the accommodation
of an assistance animal if there is credible evidence that:

(i) The assistance animal poses a direct threat to the health
or safety of others that cannot be eliminated by another reasonable
accommodation; or

(ii) The assistance animal would cause substantial physical
damage to the property of other that cannot be reduced or
eliminated by another reasonable accommodation.

(C) A determination that an assistance animal poses a direct
threat of harm to others or would cause substantial physical damage
to the property of others must be based on an individualized
assessment that relies on objective evidence about the specific animal's actual conduct.

(D) A request for a reasonable accommodation may not be
unreasonably denied, conditioned on payment of a fee or deposit or
other terms and conditions applied to applicants or residents with
pets, and a response may not be unreasonably delayed.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.